92 Decision Citation: BVA 92-19588
Y92
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 91-50 168 ) DATE
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THE ISSUE
Entitlement to an increase in the 30 percent evaluation
currently assigned for traumatic cataract of the left eye.
WITNESSES AT HEARING ON APPEAL
The appellant, his cousin and a nephew
ATTORNEY FOR THE BOARD
Christopher Maynard, Associate Counsel
INTRODUCTION
The veteran had recognized guerrilla service from May 2,
1945, to October 7, 1945, and Regular Philippine Army service
from October 8, 1945, to June 30, 1946.
This matter came before the Board on appeal from a January 7,
1991, rating decision by the Manila, Philippines, Regional
Office (RO). A notice of disagreement was received on
April 3, 1991, and the statement of the case was issued on
May 2, 1991. The substantive appeal was received on May 31,
1991, and a personal hearing before a hearing officer was
conducted on September 10, 1991. A supplemental statement
of the case was issued on October 10, 1991. The appeal was
initially received at the Board on December 2, 1991, and
docketed on December 5, 1991. The Board of Veterans'
Appeals remanded the case to the RO for further development
on February 26, 1992. Thereafter, the appeal was returned
to the Board on June 2, 1992, and docketed on June 8, 1992.
The veteran has represented himself throughout his appeal.
REASONS AND BASES FOR ORDER
In a letter received on April 21, 1992, the veteran indicated
that he had been hospitalized in February 1992 due to chronic
obstructive pulmonary disease, chronic bronchitis and pneumo-
nia and that he no longer wished to pursue his appeal.
38 U.S.C. § 7105(d)(5) (1992) provides that the Board of
Veterans' Appeals may dismiss any appeal which fails to
allege specific error of fact or law in the determination
being appealed. As the veteran has specifically expressed a
desire to withdraw his appeal, the Board finds that
allegations of specific error of fact or law are no longer
being advanced. Consequently, the appeal is dismissed.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
*
STEPHEN L. WILKINS (Member temporarily absent)
DANIEL J. STEIN
*38 U.S.C. § 7102(a)(2)(A) (1992) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of
the Board, to proceed with the transaction of business
without awaiting assignment of an additional Member to the
Section when the Section is composed of fewer than three
Members due to absence of a Member, vacancy on the Board or
inability of the Member assigned to the Section to serve on
the panel. The Chairman has directed that the Section
proceed with the transaction of business, including the
issuance of decisions, without awaiting the assignment of a
third Member.
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C. § 7266 (1992),
a decision of the Board of Veterans' Appeals granting less
than the complete benefit, or benefits, sought on appeal is
appealable to the United States Court of Veterans Appeals
within 120 days from the date of mailing of notice of the
decision, provided that a Notice of Disagreement concerning
an issue which was before the Board was filed with the
agency of original jurisdiction on or after November 18,
1988. Veterans' Judicial Review Act, Pub. L. No. 100-687,
§ 402 (1988). The date which appears on the face of this
decision constitutes the date of mailing and the copy of
this decision which you have received is your notice of the
action taken on your appeal by the Board of Veterans'
Appeals.